If Someone Using My Property For Recreational Purposes Is Injured, Can They Sue Me?

by Friedman & Ranzenhofer, PC on November 22, 2010

in Buffalo Injury Questions and Answers

Many residents of the Buffalo area enjoy outdoor activities in the rural sections of our community.  To protect owners of property who allow others to use their property for such activities, New York State General Obligations Law section 9-103 limits the liability of such property owners for certain activities. 

This law provides that the property owner owes no duty to keep the premises safe for entry or use by others for activities such as hunting, fishing, boating, hiking, cross-country skiing, sledding, horseback riding, bike riding, snowmobile operation, and gathering wood for non-commercial purposes.  The owner is also not required to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes.   

Moreover, the law provides that an owner who gives permission to another to pursue any such activities upon such premises does not thereby (1) extend any assurance that the premises are safe for such purpose, or (2) constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted. 

There are, however, exceptions to these limitations on liability.  Exceptions include when the property owner engages in willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity, when the owner is paid for use of the property, and when a person granted permission to use the property causes injury to another person whom the owner did owe a duty to keep the premises safe or to warn of danger. 

If you have been injured on another’s property and have any questions regarding how you should proceed, please feel free to call us at 716-542-5444.

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